71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 998
 
                           A-Engrossed
 
                         House Bill 2184
                   Ordered by the House May 18
             Including House Amendments dated May 18
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Water Resources Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Creates Oregon Water Mitigation Bank Revolving Fund.
Permits Water Resources Department to use moneys in fund to
protect water rights from injury, protect streamflows, encourage
acceptable development of water resources and pursue similar
objectives. - }
   { +  Authorizes Water Resources Commission to establish by
rule system of credits for projects that make water available for
mitigation in Deschutes River Basin. Authorizes commission to
provide by rule for mitigation banks.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to water banking; and declaring an emergency.
Be It Enacted by the People of the State of Oregon: + }
  SECTION 1.  { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS 537.505 to 537.795. + }
  SECTION 2.  { + (1) The Water Resources Commission may by rule
establish a system of credits that may be used to offset the
potential interference with hydraulically connected surface
waters caused by ground water withdrawals within the Deschutes
River Basin to account for projects performed in the basin that
make water available for mitigation.
  (2) A person proposing a project that makes water available for
mitigation may apply to the Water Resources Department for
approval of the project and a preliminary finding as to the
amount of mitigation credits available, based on the amount of
water made available by the project. Projects approved by the
department shall comply with all other applicable provisions of
law, including relevant portions of ORS 390.835, and may not
result in injury to existing water rights.
  (3)(a) The amount of mitigation credits awarded for a completed
project, or any completed phase of the project, shall be equal to
the amount of water made available by the project as determined
and approved by the department.
  (b) A final award of mitigation credits by the department shall
be made upon completion of the approved project by the applicant
and verification by the department that the project is complete.
The department may provide for a partial award of mitigation
credits to correspond with completion of approved phases of
project implementation.
  (c) Mitigation credits shall remain valid until exercised by
the holder.
  (4) The commission may by rule provide for the recognition or
establishment of mitigation banks to facilitate transactions
among the holders of mitigation credits and persons who desire to
acquire mitigation credits. The mitigation credits may be
assigned by the person creating the project to another person or
a mitigation bank. + }
  SECTION 3.  { + The Water Resources Department shall prepare an
annual report on the implementation and management of the system
of mitigation credits established by section 2 of this 2001
Act. + }
  SECTION 4.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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